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Downloading David Fewer, of the University of Ottawa, speaks on Canada AM from CTV's studios in Ottawa, Thursday, June 12, 2008.

A breakdown of the new digital dos and don'ts

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Canada AM: David Fewer, University of Ottawa
An Internet expert discusses who will benefit the most from a proposed legislation that aims to make it easier to prosecute individuals who download copyrighted material off the Internet.

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Date: Thu. Jun. 12 2008 5:43 PM ET

Canadians will be subject to a new list of dos and don'ts when it comes to sharing electronic property if legislation proposed by the federal Conservatives passes in Parliament.

Industry Minister Jim Prentice announced the legislation on Thursday.

David Fewer, a professor at the University of Ottawa and staff counsel at the Canadian Internet Policy and Public Interest Clinic, helped break down how the legislation would affect the everyday online habits of real Canadians.

Under the legislation, Canadians would be allowed to make a backup copy of legally acquired music, digital books or photos to their iPods and computers.

However, they will not be allowed to circumvent any digital locks put on music or software by manufacturers, in order to do so.

For example, music that is purchased legally but comes with a digital lock system, cannot be copied, and anyone who gets around the lock is subject to prosecution.

The practice of "time shifting," where viewers record a show using a digital device, in order to view it later, will still be allowed.

But, the legislation prohibits the recording of television shows and movies for inclusion in personal libraries or collections.

Canadians are also banned from ripping their DVDs to their iPod Video -- even if the DVD was purchased legally -- if a digital lock has been put in place to prevent the so-called format shifting.

The legislation also makes it clear that peer-to-peer file sharing technology is not legal in Canada. The bill states that people who simply download illegally can only be subject to a maximum $500 fine -- a caveat that seems to protect people from lawsuits worth hundreds of thousands of dollars, or even millions, simply for downloading music or movies.

However, Fewer points out that the limit doesn't apply if the person has files available for others to download in their shared folder.

"If you have music or video in your shared folder, you are subject to the ordinary rules of statutory damages, which is $500 to $20,000 per work, so that could be millions of dollars worth of damages," he said.

The same $20,000 per-infringement fine would apply to Canadians who illegally post copyright-protected work onto a website such as Facebook or YouTube.

The bill would also make it illegal to provide, market or import tools to hack digital locks.


Under the proposed legislation, the following would be legal:

  • Making a backup copy of legally acquired music, digital books or photos to an iPod or computers -- unless the files are digitally locked
  • Recording a TV or radio using a digital device, in order to view it later -- but not to be stored in a library of recordings

Under the proposed legislation, the following would be illegal:

  • Peer-to-peer file sharing such as with BitTorrent software
  • Downloading any copyrighted material without permission
  • Making material available for others to download
  • Circumventing digital locks put on music or software by manufacturers
  • Recording television shows and movies for inclusion in personal libraries or collections
  • Ripping DVDs to their iPod Video if a digital lock has been put in place to prevent the change of format
  • Posting copyright-protected work onto a website such as Facebook or YouTube
  • Sale of devices to enable hacking

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